Property & Landlord

Notice to Vacate -- Commercial Non-Cap. 301

A Notice to Vacate for commercial premises not covered by Cap. 301. Governed by the Law of Contract Act — sets out notice requirements and vacation obligations.

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What this document covers

Landlord and tenant details
Property address
Notice period as per lease agreement
Date by which tenant must vacate
Handover requirements
Outstanding obligations on both sides
Governing law (Law of Contract Act or Cap. 301)

Frequently Asked Questions

What law governs commercial property notices in Kenya?
Commercial tenancies in Kenya are governed by the Landlord and Tenant (Shops, Hotels and Catering Establishments) Act (Cap. 301) for qualifying premises (shops, hotels, catering establishments), or the Law of Contract Act (Cap. 23) for other commercial premises. Cap. 301 provides significant tenant protections including the right to seek lease renewal.
Can a commercial landlord refuse to renew a lease under Cap. 301?
Under Cap. 301, a landlord cannot refuse renewal without applying to the Tribunal on specified grounds (e.g. the landlord requires the property for their own use, or the tenant has breached the lease). The tenant has a statutory right to apply for a new tenancy.
How much notice is required for a commercial property in Kenya?
For tenancies not covered by Cap. 301, the notice period in the lease agreement governs. If silent, courts imply a reasonable period. For Cap. 301 premises, the procedure involves applying to the Business Premises Rent Tribunal rather than simply serving a notice.